Murder charges fizzle in Harvey case tied to cop

January 27, 2006|By Tom Rybarczyk, Tribune staff reporter

Cook County prosecutors dropped murder charges Thursday against a man who said a Harvey police commander intimidated him by exposing two tattoos that matched symbols of a street gang involved in the case.

Instead, Iran Kee pleaded guilty to an unrelated charge of unlawful possession of a weapon by a felon and was sentenced to 4 years in prison. He would have faced 20 to 60 years if convicted of murder.

Last month, Cook County Judge Reginald Baker tossed out an incriminating statement made by Kee, 23, and called the actions of Cmdr. Merritt Gentry inappropriate. Photographs of Gentry's tattooed upper body were displayed in November as part of a defense motion that alleged the commander threatened Kee by ripping open his shirt and saying, " `You guys killed one of us, he was a Vice Lord.' "

Prosecutors said Baker's ruling was a factor in their move to drop murder charges against Kee, who was accused of holding down reputed Vice Lord member Ellis Calloway two years ago as he was being shot.

"We were unable to meet our burden of proof," said Tom Stanton, a Cook County state's attorney's office spokesman. "There was insufficient evidence."

The state's attorney's office has been investigating Gentry and the defense allegations, a spokesman said, but declined to say more. Gentry has not been charged with any crime in the case.

Harvey police said their investigation will proceed. Gentry is commander of the department's traffic division.

John Lyke Jr., Kee's defense attorney, said Gentry should never have intimidated his client into making a false, incriminating statement.

"My client is ecstatic," Lyke said. "He got back in his cell and jumped for joy. ... He finally knows justice is served."

The prosecution's case was "tremendously weakened," Lyke said, when Baker threw out Kee's statement because of Gentry's tattoos, which included an L and a cane--Vice Lord symbols.

At a November hearing, Gentry told the court the cane stood for wisdom, but later acknowledged it also was a symbol used by the Vice Lords. The letter L, according to a written statement released by the city, was for a childhood sweetheart named Lynn.

Gentry testified both symbols were tattooed on him at age 14 or 15.

Baker called Gentry's credibility into question on another matter in November after the commander testified he lied to prosecutors about a case involving the attempted murder of a Harvey police officer.

Gentry was fired in 2002 under former Mayor Nick Graves' administration but was rehired when Mayor Eric Kellogg took over in spring 2003.

Kee was charged along with Chad Maynie, 22, and Raphael Sharkey, 22, in the death of Calloway, 23. Both are awaiting trial.